Ideas from 'Second Treatise of Government' by John Locke [1690], by Theme Structure

[found in 'Two Treatises of Government' by Locke,John [Everyman 1988,0-460-11751-3]].

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24. Political Theory / A. Basis of a State / 1. A People / b. The natural life
All countries are in a mutual state of nature
We are not created for solitude, but are driven into society by our needs
24. Political Theory / A. Basis of a State / 3. Natural Values / a. Natural freedom
In nature men can dispose of possessions and their persons in any way that is possible
24. Political Theory / A. Basis of a State / 3. Natural Values / b. Natural equality
There is no subjection in nature, and all creatures of the same species are equal
24. Political Theory / A. Basis of a State / 3. Natural Values / c. Natural rights
The rational law of nature says we are all equal and independent, and should show mutual respect
The animals and fruits of the earth belong to mankind
There is a natural right to inheritance within a family
24. Political Theory / B. Nature of a State / 1. Purpose of a State
Politics is the right to make enforceable laws to protect property and the state, for the common good
24. Political Theory / B. Nature of a State / 2. State Legitimacy / c. Social contract
The Second Treatise explores the consequences of the contractual view of the state [Scruton]
A society only begins if there is consent of all the individuals to join it
If anyone enjoys the benefits of government (even using a road) they give tacit assent to its laws
A politic society is created from a state of nature by a unanimous agreement
24. Political Theory / B. Nature of a State / 2. State Legitimacy / d. General will
A single will creates the legislature, which is duty-bound to preserve that will
24. Political Theory / B. Nature of a State / 4. Citizenship
Anyone who enjoys the benefits of a state has given tacit consent to be part of it
You can only become an actual member of a commonwealth by an express promise
Children are not born into citizenship of a state
24. Political Theory / C. Ruling a State / 2. Leaders / b. Monarchy
Absolute monarchy is inconsistent with civil society
24. Political Theory / C. Ruling a State / 2. Leaders / c. Despotism
The idea that absolute power improves mankind is confuted by history
Despotism is arbitrary power to kill, based neither on natural equality, nor any social contract
People stripped of their property are legitimately subject to despotism
Legitimate prisoners of war are subject to despotism, because that continues the state of war
24. Political Theory / C. Ruling a State / 3. Government / b. Legislature
Even the legislature must be preceded by a law which gives it power to make laws
24. Political Theory / C. Ruling a State / 3. Government / c. Executive
The executive must not be the legislature, or they may exempt themselves from laws
24. Political Theory / C. Ruling a State / 4. Changing the State / c. Revolution
Any obstruction to the operation of the legislature can be removed forcibly by the people
Rebelling against an illegitimate power is no sin
If legislators confiscate property, or enslave people, they are no longer owed obedience
24. Political Theory / D. Ideologies / 5. Democracy / a. Nature of democracy
Unanimous consent makes a united community, which is then ruled by the majority
The people have supreme power, to depose a legislature which has breached their trust
25. Social Practice / A. Freedoms / 1. Slavery
If you try to enslave me, you have declared war on me
Slaves captured in a just war have no right to property, so are not part of civil society
A master forfeits ownership of slaves he abandons
25. Social Practice / A. Freedoms / 6. Political freedom
Freedom is not absence of laws, but living under laws arrived at by consent
25. Social Practice / B. Equalities / 4. Economic equality
All value depends on the labour involved
25. Social Practice / C. Rights / 3. Alienating rights
We all own our bodies, and the work we do is our own
There is only a civil society if the members give up all of their natural executive rights
25. Social Practice / C. Rights / 4. Property rights
Locke (and Marx) held that ownership of objects is a natural relation, based on the labour put into it [Fogelin]
Locke says 'mixing of labour' entitles you to land, as well as nuts and berries [Wolff,J]
A man's labour gives ownership rights - as long as there are fair shares for all
If a man mixes his labour with something in Nature, he thereby comes to own it
Fountain water is everyone's, but a drawn pitcher of water has an owner
Gathering natural fruits gives ownership; the consent of other people is irrelevant
Mixing labour with a thing bestows ownership - as long as the thing is not wasted
Soldiers can be commanded to die, but not to hand over their money
A man owns land if he cultivates it, to the limits of what he needs
25. Social Practice / D. Justice / 2. The Law / a. Legal system
The aim of law is not restraint, but to make freedom possible
25. Social Practice / D. Justice / 2. The Law / c. Natural law
It is only by a law of Nature that we can justify punishing foreigners
25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
Self-defence is natural, but not the punishment of superiors by inferiors
Reparation and restraint are the only justifications for punishment
Punishment should make crime a bad bargain, leading to repentance and deterrence
25. Social Practice / E. Policies / 4. Taxation
The consent of the people is essential for any tax